Re Pinkstone's applications

[2003] HCA 46

HIGH COURT OF AUSTRALIA

KIRBY J

IN THE MATTER OF APPLICATIONS BY ANTHONY JOHN PINKSTONE

Re Pinkstone's applications
[2003] HCA 46
Date of Order:  27 May 2003
P25/2003 and P30/2003

ORDER

1.Order expedition of the hearing of the applicant's applications for special leave to appeal to this Court;

2.     Order consolidation of those applications;

3.Direct that the applications be heard during the special leave list of the Court in Perth in October 2003 if no earlier date is found by the Registry acceptable to both parties;

4.     Refuse bail; and

5.     Certify for the appearance of counsel in chambers.

Representation:

The applicant appeared in person

K P Bates for the respondent (instructed by Director of Public Prosecutions (WA))

Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Pinkstone's applications

Practice and procedure – High Court – Expedition of hearing of application for special leave – Bail – Applications by prisoner in custody – Relevance of applications, if successful, to custodial punishment – Preservation of utility of appellate jurisdiction – Whether applicant has exhausted application for bail in State court – Whether bail available in State court when exercising federal jurisdiction – Need for special circumstances – Relevance of fact that special leave not yet secured – Consolidation of applications – Addition of ground of application for special leave.

High Court – Practice – Special leave application – Expedition of hearing – Bail – Consolidation of applications – Addition of ground of application.

Words and phrases – "supply".

Constitution, s 73.

1. KIRBY J.   This is an application for bail and other orders pending a hearing in this Court of proceedings brought by Mr Anthony Pinkstone ("the applicant"). 

   The background facts

2. The applicant was tried in the Supreme Court of Western Australia on counts of an indictment charging him with two offences against the Misuse of Drugs Act 1981 (WA) ("the MDA") as applied to the Perth airport by the Commonwealth Places (Application of Laws) Act 1970 (Cth) ("the Commonwealth Places Act"). The offences charged were: (1) that the applicant at Perth airport on 7 October 1999 had supplied to Mr Wayne Yanko a prohibited drug, namely a quantity of methylamphetamine, contrary to s 6(1)(c) of the MDA and, (2) that the applicant at the same place and earlier on the same day had attempted to supply to Mr Michael Brazier and Mr Paul Brazier a prohibited drug, namely a quantity of cocaine, contrary to s 6(1)(c) and s 33 of the MDA.

3. After a lengthy trial in the Supreme Court of Western Australia the applicant was found guilty by a jury of both offences.  He was convicted by the trial judge.  That judge sentenced him to 10 years imprisonment on the offence of supply and six years imprisonment on the offence of attempted supply.  That left an aggregate term of 12 years 3½ months from 13 October 1999 when the applicant had first…